Above All Store Fronts Inc. v. Dissimilar Metal Design, LLC
| ABOVE ALL STORE FRONTS INC and Above All Store Fronts Inc. |
| DISSIMILAR METAL DESIGN, LLC |
| 1:2021cv08901 |
| October 29, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. § 1332 nr |
| Defendant |
Docket Report
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This docket was last retrieved on December 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 FIRST LETTER addressed to Judge J. Paul Oetken from Ariana Marte Acevedo dated December 22, 2021 re: Joint letter from Parties advising of withdrawal of Foreclosure of Mechanic's Lien counterclaim and Motion to Remand. Document filed by Dissimilar Metal Design, LLC..(Marte Acevedo, Ariana) |
Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). All counsel must meet in person to discuss settlement within fourteen (14) days following the close of fact discovery. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is Four Days. The parties shall file a joint status letter on or before 7/8/2022. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with Court's Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. So Ordered.. Expert Deposition due by 8/15/2022. Depositions 4/29/2022. Fact Discovery due by 7/1/2022. Expert Discovery due by 8/15/2022. Ready for Trial by 10/24/2022. (Signed by Judge J. Paul Oetken on 12/17/2021) (js)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Initial Pretrial Conference held on 12/17/2021. Status letter due by 7/8/2022. (bh) |
| Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by Dissimilar Metal Design, LLC..(Marte Acevedo, Ariana) |
| Filing 16 DECLARATION of Henry C. Chan in Support re: #14 MOTION to Remand to State Court .. Document filed by Above All Store Fronts Inc.. (Attachments: #1 Exhibit Exhibit A - Copy of Decision, #2 Exhibit Exhibit B - Washington DOS Search Print-Out, #3 Exhibit Exhibit C - Defendant's Notice Under Mechanic's Lien Law, #4 Exhibit Exhibit D - Lease Agreement between State of New York and Hudson River Park Trust, #5 Exhibit Exhibit E - John's Insulation Notice Under Mechanic's Lien Law, #6 Exhibit Exhibit F - Albireo Energy Notice Under Mechanic's Lien Law).(Chan, Henry) |
| Filing 15 MEMORANDUM OF LAW in Support re: #14 MOTION to Remand to State Court . . Document filed by Above All Store Fronts Inc...(Chan, Henry) |
| Filing 14 MOTION to Remand to State Court . Document filed by Above All Store Fronts Inc.. Return Date set for 12/23/2021 at 09:30 AM..(Chan, Henry) |
| Filing 13 NOTICE OF APPEARANCE by Henry Chan on behalf of Above All Store Fronts Inc...(Chan, Henry) |
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Filing 12
ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on December 17, 2021, at 10:00 a.m. Counsel should call (888) 557- 8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Media and the public may join but are instructed to place their phones on mute. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Counsel are further directed to use the Court's Civil Case Management Plan and Scheduling Order form (the "Form") to jointly prepare a detailed written proposed schedule for any motions and discovery. Counsel should type entries into this Form using a copy of the Form available at https://nysd.uscourts.gov/hon-j-paul-oetken. The parties shall submit a copy of the completed Form at least three business days prior to the date of the conference. So Ordered. Initial Conference set for 12/17/2021 at 10:00 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 11/22/2021) (js)
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Filing 11
ORDER: This case was removed from New York Supreme Court, County of New York, on October 29, 2021. Counsel for the plaintiff is directed to file an appearance with this Court no later than December 13, 2021. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by December 6, 2021. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/22/2021) (js)
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| Filing 10 ANSWER to Complaint., COUNTERCLAIM against Dissimilar Metal Design, LLC. Document filed by Dissimilar Metal Design, LLC. (Attachments: #1 Exhibit A - DMD Proposal, #2 Exhibit B - Phase 1 Purchase Order, #3 Exhibit C - Phase 2 Purchase Order, #4 Exhibit D - Outstanding Purchase Order Invoices, #5 Exhibit E - Change Orders).(Marte Acevedo, Ariana) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR -(SEE #10)ANSWER to Complaint., COUNTERCLAIM against Above All Store Fronts Inc.. Document filed by Dissimilar Metal Design, LLC. (Attachments: #1 Exhibit A - DMD Proposal, #2 Exhibit B - Phase 1 Purchase Order, #3 Exhibit C - Phase 2 Purchase Order, #4 Exhibit D - Outstanding Purchase Order Invoices, #5 Exhibit E - Change Orders).(Marte Acevedo, Ariana) Modified on 11/19/2021 (kj). |
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ORDER: BASED ON THE REPRESENTATIONS IN THE LETTER AT #8 , THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR FEDERAL DIVERSITY JURISDICTION HAVE BEEN MET. ACCORDINGLY, THE ORDER TO SHOW CAUSE AT #7 IS DISSOLVED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (brl)
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| Filing 8 FIRST LETTER addressed to Judge J. Paul Oetken from Ariana Marte Acevedo, Esq. dated 11/17/2021 re: Response to Order to Show Cause. Document filed by Dissimilar Metal Design, LLC..(Marte Acevedo, Ariana) |
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Filing 7
ORDER: Defendant shall, on or before November 17, 2021, show cause as to why this action should not be dismissed for lack of jurisdiction. Otherwise, this action may be dismissed. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/3/2021) (jca)
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| Filing 6 CIVIL COVER SHEET filed..(Marte Acevedo, Ariana) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ariana Penelope Marte Acevedo. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441; County code New York;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ariana Penelope Marte Acevedo to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Basis of Jurisdiction code was not selected; multiple Citizenship Plaintiff and Defendant codes were selected; the Courthouse Assignment code was not selected; the PDF was not signed or dated by the attorney. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ariana Penelope Marte Acevedo. The party information for the following party/parties has been modified: ABOVE ALL STORE FRONTS INC; DISSIMILAR METAL DESIGN, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DEVELOPMENT F, LLC for DISSIMILAR METAL DESIGN, LLC. Document filed by DISSIMILAR METAL DESIGN, LLC..(Marte Acevedo, Ariana) |
| Filing 4 NOTICE OF APPEARANCE by Ariana Penelope Marte Acevedo on behalf of DISSIMILAR METAL DESIGN, LLC..(Marte Acevedo, Ariana) |
| Filing 3 NOTICE OF APPEARANCE by Ariana Penelope Marte Acevedo on behalf of DISSIMILAR METAL DESIGN, LLC..(Marte Acevedo, Ariana) |
| Filing 2 CIVIL COVER SHEET filed..(Marte Acevedo, Ariana) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 655714/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25265942).Document filed by DISSIMILAR METAL DESIGN, LLC. (Attachments: #1 Exhibit NY State Action Complaint).(Marte Acevedo, Ariana) |
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